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Bismillah Khan will not die in poverty

No Bismillah Khan will face ignominy now and no Khan Mastan will die begging at the shrine of Haji Ali right in the hear...

No Bismillah Khan will now die in poverty

Parliament amends copyright law, secures royalty rights of artistes

Creator is
King

The
Copyright Amendment Bill 2012 defines the author of copyright as its
owner, and secures his lifelong right to royalty over the workIt ensures that every time anyone uses an artiste’s work, he or she gets a share in the killing and doesn’t end a pauperUnder
the copyright law so far, filmmakers and producers would enter into a
contract with lyricists, composers and singers literally buying off
their works for eternity in exchange for a pittance

New Delhi, May 22

No Bismillah Khan will face ignominy now and no Khan Mastan will
die begging at the shrine of Haji Ali right in the heart of tinsel town
Mumbai. India today moved decisively to secure a lifelong right
of artistes over their literary, musical and dramatic creations,
ensuring that every time anyone uses their work for entertainment or
profit-making, the artiste gets a share in the killing and doesn’t end a
pauper, as the case often is.

Under the copyright law so far,
filmmakers and producers would enter into a contract with creative
artistes (lyricists, composers, singers) literally buying off their
works for eternity in exchange for a pittance.

While artistes
would end up in penury, having abandoned literary and monetary claims
over their own creations, film producers would sell these works to
business interests, including music companies and telecom firms, making
lifelong profits in which artistes had zero share.

Courtesy this
system, several performers lived in abject poverty. The late Ustad
Bismillah Khan once wrote to HRD Minister Kapil Sibal on how he had no
money to pay his rent, causing Sibal to sign cheques for the shehnai
legend for a full year. Mubarak Begum, singer of the evergreen ‘Kabhi
tanhaiyon mein yun hamari yaad aayegi’ subsisted on meager means till
her dying day.

Kuldip Singh, the little known composer of the
legendary ‘Itni shakti hame dena daata’ ended up in a Mumbai slum while
his song became a prayer in several school assemblies and continues to
be a caller tune on mobiles countrywide.

Today, Parliament
corrected this anomaly by amending the archaic Copyright Act of 1957 and
making creator king. The Copyright Amendment Bill 2012 defines the
author of copyright as its owner, and secures his right to royalty over
the
work.

“Filmmakers made all the profits causing historic injustice
to creators of copyrights. They used artistes for making money. The new
amendment says that creative artiste’s right over royalty cannot be
assigned. Any contract intended to do so would be void,” HRD Minister
Kapil Sibal said, introducing the Bill that the BJP-led Opposition, in a
rare show of unity, passed unanimously today. The Rajya Sabha had
passed the Bill on May 17.

“This is a benign Bill. It ensures that
no Khan Mastan dies begging at Haji Ali. Mastan’s beautiful voice
decorated the rare patriotic number, ‘Watan ki raah mein…’ Sad we could
not help him as a nation. Today we are trying to make amends,” Leader of
Opposition Sushma Swaraj said in her highly emotive pitch.

The
Bill also requires broadcasters (radio and TVs) to pay for use of
copyrighted material though the Copyright Board and not the copyright
owner will determine the quantum.

The amendments end the era of
indiscriminate remixing of hit songs and say no cover versions (remakes)
can be made till six years of the creation of the work. Piracy has been
made punishable with two years imprisonment and fine and persons with
disability can no longer be charged for use of copyrighted material.

The
Bill also guarantees exclusive rights to performers like snake
charmers, jesters and conjurers, mandating payment of royalty to them
every time their performance is used for commerce. Performers will also
have moral rights. “They can sue people who mutilate their works to
their ends,” Sibal said.